Simplified Query: Does a Special Power of Attorney (SPA) have an expiration date in the Philippines?

In the Philippines, a Special Power of Attorney (SPA) is a legal document that grants an appointed person or agent the authority to act on behalf of the principal in specific transactions, within the confines of the authority given. The question of whether an SPA expires hinges on the stipulations within the document itself or the occurrence of certain events.

Key Considerations Regarding the Expiration of SPA:

Defined Duration: An SPA may specify a termination date upon which the powers granted will cease. If the document includes such a date, the authority granted expires accordingly.
Purpose Achieved: An SPA may also expire once the specific purpose for which it was created is fulfilled. For example, if an SPA is granted primarily to sell a property, it naturally expires once the property is sold.
Revocation by the Principal: The principal can revoke the SPA at any time, provided the revocation is communicated to the agent and, where applicable, to the parties involved in the transactions.
Death or Incapacity: An SPA typically expires upon the death or legal incapacity of the principal. It is crucial for the agent and related parties to be notified in such instances to avoid legal complications.
Destruction of Subject Matter: If the specific subject matter of the SPA (e.g., a property or an asset) is destroyed or ceases to exist, the SPA becomes invalid.

Legal Advice:

Principals should consider specifying a duration within the SPA to avoid ambiguity.
It is advisable for the principal to notify the agent and all relevant third parties of any revocation or changes in the terms of the SPA to ensure legal clarity and prevent unauthorized actions.

Conclusion:

While an SPA does not have a statutory expiration date, its validity can end based on the terms within the document, achievement of its purpose, or other specific events such as the death of the principal. It is essential for individuals using an SPA to understand these conditions and draft the document accordingly to ensure it meets their intended legal needs.